Class Notes- Test 1

Class Notes- Test 1 - Development of Law The sociological...

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Development of Law - The sociological (legal realism) school of legal thought stresses a third factor- social policy- o Will the rule meet the needs of society? o What effect will the rule have in promoting justice, morality, and other social ideals? o As social needs and forces share the law, law constantly changes to reflect the attitudes and beliefs of society Changes in law reflect changes in technology, business practices and social attitudes Nature of Law - Definition of the law o The law is a continuously changing process of developing a workable set of rules that balance the individual and group rights of an always-changing society - Functions of law o Law maintaining stability and permits orderly change in society through Dispute resolution Protection of property Preservation of the state - Law and Morals o Law and morality are not the same, but do overlap o Morals relate to conscience or general principles of right conduct (called “ethics” in a business setting) o Law provides sanctions; morals do not - Schools of Jurisprudential Thought o The Natural Law School Law, rights, ethics based on universal moral principals inherent in nature discoverable through human reason
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o The Positivist School Law is the supreme will of the state that applies only to the citizens of that nation at that time o The Historical School Law derives its legitimacy form the principles and standards that have proved historically workable Stresses predictability, stability, and continuity - Legal Realism o Law is a product of the views of judicial decision makers, as well as social, economic, and contextual influences o Law is a tool to promote social justice - Sources of American Law o Constitution Law Constitution- set government’s power and limitations Federal, state o Judicial Law Common law- body of law developed by courts State decisis- practice of referring to past precedents in deciding current disputes Derived from the statutory and case law of England Equity- a body of law not derived from common law and providing remedies not available at law o Legislative law Statutes- enacted by congress and state legislatures Ordinances- passed by cities, counties, and their local rulemaking authorities Treaties- agreements between or among different nations Executive order- issued by the president or by the governor of a state
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Uniform commercial code- Article 2 applies to contacts for the sale of goods o Administrative Law Regulation, rules and decisions made by governmental
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Class Notes- Test 1 - Development of Law The sociological...

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